In the case of John H. Dalton, Secretary of the Navy, et al. v. Arlen Specter et al., 1993, the Supreme Court ruled on a dispute regarding military base closures and realignments recommended by an independent commission in 1991 and approved by President George H.W. Bush under the Defense Base Closure and Realignment Act of 1990 (the "Act"). The state of Pennsylvania challenged this decision as it would lead to closure or realignment affecting over 22,000 jobs at Philadelphia Naval Shipyard and argued that such decisions should be subject to judicial review. The Supreme Court held that these actions were not subject to judicial review because they fell within a political question doctrine - matters constitutionally committed to another branch of government (in this case executive) which courts typically refrain from adjudicating due their inherently non-justiciable nature. In its ruling, court emphasized Congress's clear intent in passing the Act was for swift implementation without litigation delays.

In the dissenting opinion for Dalton v. Specter, Justice Blackmun argued that the majority's decision to dismiss the case on political question grounds was incorrect and overly broad. He contended that while some aspects of base-closing decisions might be nonjusticiable due to their inherently political nature, this did not mean all disputes arising from such decisions were beyond judicial review. In his view, when a claim is made that an executive action exceeds statutory authority or violates constitutional rights - as in this case where it was alleged that Secretary Dalton had exceeded his powers under the Defense Base Closure and Realignment Act - courts have both jurisdiction and duty to adjudicate it. By refusing to do so, he believed they abdicated their responsibility as guardians of rule of law.